New statewide planning controls for canopy tree protection have come into effect in Victoria, including across the City of Whittlesea.
These changes introduce Clause 52.37 - Canopy Trees into all planning schemes, meaning that in many residential areas you now need a planning permit to remove, lop or destroy a canopy tree, even if there are no other overlays on your property.
The goal of this law is to retain and enhance our leafy neighbourhood character, support local biodiversity, and help reduce urban heat.
These protections apply in many residential zones, meaning that even on private land, you may need to check before removing or significantly pruning larger trees. A permit may also be required when planning new homes or extensions that could affect canopy trees.
If you’re thinking about removing a tree and aren’t sure whether you need a permit, we’re here to help. Call us on 03 9217 2170 and ask for our Planning team to talk through your questions.
Frequently asked questions (FAQs)
What is a canopy tree?
A canopy tree is a tree that has:
- a height of more than 5 metres above ground level; and
- a trunk circumference of more than 0.5 metres, measured at 1.4 metres above ground level; and
- a canopy diameter of at least 4 metres.
A canopy tree does not need to be native to Victoria or Australia.
How do I know if my tree is protected?
Canopy tree protections only apply to properties in the General Residential Zone, Residential Growth Zone, Neighbourhood Residential Zone, Housing Choice and Transport Zone, Mixed Use Zone, Townhouse Zone and Urban Growth Zone (where there is an applied Residential Zone).
If there is no house on the block, all canopy trees are protected. If there is a house, the trees in the front 6m of the block and rear 4.5m are protected. If it is a corner block, the front is defined as the narrowest street frontage.
You will need to measure the size of the tree and check the location on your block to see if it is protected.
Handy hint: if you are getting quotes to remove a tree, ask the arborist to include its dimensions in the quote.
When is a planning permit required?
Under Clause 52.37-2 of the Whittlesea Planning Scheme, a planning permit is required to remove, destroy or lop a canopy tree anywhere on the lot where:
- the land is vacant
- the land is vacant and a new single dwelling is proposed (and only a building permit is required)
A permit is required to remove, destroy or lop a boundary canopy tree where:
- the land contains an existing dwelling where no development is proposed.
- the land contains an existing dwelling and is proposed to be extended.
- the land is vacant and a planning permit application is being assessed for one or more dwellings.
- the land contains an existing dwelling(s) and a planning permit application is being assessed for a one or more dwellings.
An application for the removal of one canopy tree under Clause 52.37 can be lodged as a VicSmart application. If more than one tree is proposed for removal, standard application timeframes apply.
What do you need to provide with your planning application?
The application requirements are outlined in Clause 52.37-6 of the Whittlesea Planning Scheme. In most circumstances, you will need to provide:
- a site plan and/or photographs that show the location of all canopy trees and other vegetation on the site, including those to be removed. The site plan will also need to show proposed replacement canopy tree planting.
- a cover letter explaining why the tree is proposed to be removed, including details of any related buildings and works proposed on the land, where applicable. Plans for the proposed buildings and works should also be provided.
- an arborist report assessing the health/condition of the tree if you are seeking to remove or lop the tree due to its health or stability.
How will we determine your application?
Whether or not to grant a planning permit will be assessed on the decision guidelines outlined in Clause 52.37-7 of the Whittlesea Planning Scheme. In most circumstances, a permit will be conditional on the planting of replacement canopy trees.
What does the narrowest street frontage mean?
Canopy trees are protected in a 6 metre zone from the front of the narrowest street frontage. If your house is on a corner block, measure 6 metres from the narrowest side even if your gate or driveway faces the other side.
Who is a suitably qualified person to assess the tree?
An arborist who has a level 5 qualification can prepare a report that provides detailed information about the tree. This will be required if the reason the tree is being considered for removal is its health or stability.
Can I prune the tree?
The Australian Standards for Pruning of Amenity Trees (AS4373-2007) sets how arborists can prune trees. This is done to support the health of a tree. A permit is not needed to prune a tree if it is done by a qualified arborist to these standards.
Lopping a tree generally means cutting branches or roots to reduce the height or spread of a tree and this will need a permit if the tree is protected.
What if the tree is dangerous?
If the tree presents an immediate risk of personal injury or damage to property, it may be removed without a permit. Only the part of the tree that presents the immediate risk may be removed.
For example, a branch has broken and is hanging and requires removal. Only this limb poses an immediate risk and may be removed. After this point, you may choose to have the entire tree assessed by an arborist for health and condition to determine whether it is necessary to remove the whole tree.
If you are unsure whether a particular tree poses an immediate risk, you should contact a suitably qualified arborist to assess the tree for you. Please contact Council to confirm permit requirements after contacting an arborist.
Can I cut my neighbour’s tree branches if they are hanging over the fence?
If a tree is growing in your neighbour’s property and is protected, you may need a planning permit before removing any branches growing over the fence. Speak to your neighbour first. Learn more about overhanging branches here.
Can I clip my hedge or fruit trees?
If you have hedging plants or fruit trees that have grown so large that they become canopy trees, a permit may be required.
What is a new canopy tree?
A new canopy tree is a tree of a type that will grow to at least 6m in height and 4m in spread. If a permit is granted to remove a protected canopy tree, new canopy trees may be required. How many are required depends on the size of your property as per the table below. Existing canopy trees can count towards these totals so your planning application should include information about the other trees on the block.
| Site area |
Canopy tree requirement |
| 100 square metres or less |
1 tree |
| 101 sqm to 200 sqm |
2 trees |
| 201 sqm to 500 sqm |
3 trees |
| 501 sqm to 700 sqm |
4 trees |
| 701 sqm to 1000 sqm |
6 trees |
| Above 1001 sqm |
A total canopy cover within the site that is equal to at least 20 per cent of the site area. |
How do I choose the canopy tree?
The new tree or trees will be an asset to your garden for many years so you should do some research before making a decision. You may like to ask your arborist for recommendations or look at the Which Plant Where website.
Where should I plant the new canopy tree?
The new tree or trees should be planted in an area of deep soil with an area of at least 12 sqm. The location of the new tree should be drawn on a landscape plan and submitted as a part of your permit application. If approved, compliance with the landscape plan will become a requirement of the permit. This means that the new tree or trees need to remain in the agreed location (even if the house is sold) and replaced if they die.
Before you prune or remove any remnant tree, you should find out whether it's protected by legislation. You may face prosecution and enforcement action if you breach the Whittlesea Planning Scheme by removing native vegetation.
When you'll probably need a permit
In many cases, you'll need a planning permit to remove:
- native trees
- shrubs
- herbs
- grasses.
Before removing anything, please check with us first.
Phone: 03 9217 2259
Email: buildplan@whittlesea.vic.gov.au
When you might not need a permit
The Whittlesea Planning Scheme, particularly Clauses 52.16 and 52.17, contain a number of exemptions where you don’t need a permit, for example, to remove:
- vegetation around your rural property for protection from bushfire
- previously planted (rather than native) vegetation.
Our staff can advise you to what extent these and other exemptions relate to your land.
Learn more about planning permits.
In many areas of cultural heritage significance, such as areas or sites affected by a Heritage Overlay, you may need a planning permit to remove any non-native vegetation such as exotic garden trees.
Before removing anything, check with us first:
Phone: 03 9217 2259
Email: buildplan@whittlesea.vic.gov.au
Learn more about planning permits
All Victorian planning schemes require that native vegetation removal is avoided wherever possible.
If removal cannot be avoided, the removal should be minimised through suitable planning and design.
Vegetation losses that are unavoidable may need to be offset with net gains or placement elsewhere.
Before removing anything, check with us first:
Phone: 03 9217 2259
Email: buildplan@whittlesea.vic.gov.au
Learn more about planning permits
River Red Gums are given extra protection under the Whittlesea Planning Scheme as they are an important part of our local landscape and have high heritage value.
For more information, see our River Red Gum Protection Policy.